Colorado § 26-1-108 - Powers and duties of the executive director - rules.

§ 26-1-108. Powers and duties of the executive director - rules.

(1) Executive director rules shall be solely within the province of the executive director and shall include the following:

(a) Rules governing matters of internal administration in the state department, including organization, staffing, records, reports, systems, and procedures, and also governing fiscal and personnel administration for the state department and establishing accounting and fiscal reporting rules for disbursement of federal funds, contingency funds, and proration of available appropriations except those determinations precluded by authority granted to the state board.

(b) (Deleted by amendment, L. 97, p. 1183, § 3, effective July 1, 1997.)

(c) (Deleted by amendment, L. 93, p. 1110, § 23, effective July 1, 1994.)

(1.5) (Deleted by amendment, L. 97, p. 1183, § 3, effective July 1, 1997.)

(1.7) (a) The executive director has the authority to adopt "executive director rules" for programs administered and services provided by the state department as set forth in this title 26. Such rules shall be promulgated in accordance with the provisions of section 24-4-103.

(b) Any rules adopted by the state board to implement the provisions of this title 26 prior to March 25, 2009, whose content meets the definition of "executive director rules" shall continue to be effective until revised, amended, or repealed by the executive director.

(1.8) Whenever a statutory grant of rule-making authority in this title 26 refers to the state department or the department of human services, it means the state department acting through either the state board or the executive director or both. When exercising rule-making authority under this title 26, the state department, either acting through the state board or the executive director, shall establish rules consistent with the powers and the distinction between "board rules" as set forth in section 26-1-107 and "executive director rules" as set forth in this section.

(2) The rules issued by the executive director pertaining to this title shall be binding upon the several county departments, providers, vendors, and agents of the state department. At any public hearing relating to a proposed rule making, interested persons shall have the right to present their data, views, or arguments orally. Proposed rules of the executive director shall be subject to the provisions of section 24-4-103, C.R.S.

(3) (Deleted by amendment, L. 93, p. 1109, § 23, effective July 1, 1994.)

Source: L. 73: R&RE, p. 1162, § 1. C.R.S. 1963: § 119-1-7. L. 76: (1)(c)(V) added, p. 664, § 1, effective April 30. L. 79: (1)(a) amended, p. 1089, § 1, effective June 7. L. 93: Entire section amended, p. 1110, § 23, effective July 1, 1994. L. 94: (1)(a) and (2) amended, p. 2611, § 14, effective July 1. L. 97: Entire section amended, p. 1183, § 3, effective July 1. L. 2009: Entire section amended, (SB 09-044), ch. 57, p. 205, § 4, effective March 25. L. 2022: (1.7) and (1.8) amended, (HB 22-1278), ch. 222, p. 1517, § 80, effective July 1.

Cross references: For the legislative declaration contained in the 1993 act amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.

ANNOTATION

County is arm of state. A county, as used in this section, is assigned its traditional role as an arm of the state, existing only for the convenient administration of the state government and to carry out the will of the state. Bd. of County Comm'rs v. State Bd. of Soc. Servs., 186 Colo. 435, 528 P.2d 244 (1974).

County is without standing to challenge action of state board. A county and its board of county commissioners are without standing to challenge an action of the state board of social services, even though they may have been extended the courtesy of presenting evidence at the rule-making hearing. Bd. of County Comm'rs v. State Bd. of Soc. Servs., 186 Colo. 435, 528 P.2d 244 (1974).

County board bound by state board's rules. Pursuant to statute, county boards of social services act as agents of the state board, and are bound by the rules promulgated by the state board. Bd. of County Comm'rs v. Merit Sys. Council, 662 P.2d 1093 (Colo. App. 1982).

Applied in Dodge v. State Dept. of Soc. Servs., 657 P.2d 969 (Colo. App. 1982).